Is Raw Milk Legal in Illinois? Sales, Permits, and Penalties

Raw milk is legal in Illinois, but only in one narrow form: you can buy unpasteurized cow or goat milk directly from the dairy farm that produced it, and only if that farm holds a raw dairy farm permit and a distribution point permit from the Illinois Department of Public Health (IDPH). Every other channel is off-limits.¹

The authority sits in the Grade A Pasteurized Milk and Milk Products Act (410 ILCS 635), with the operating rules in 77 Illinois Administrative Code Part 775.²³ The statutory definition of “milk” covers cows and goats, while the broader “dairy farm” definition reaches cows, goats, sheep, water buffalo, and other hoofed mammals kept for milking.⁴

Where You Can Buy It, and Where You Can’t

Raw milk may only be sold on the premises of the dairy farm where it was produced. Farmers’ market sales, retail store sales, and any other off-farm distribution are prohibited. A buyer also cannot turn around and resell or redistribute the raw milk they purchased.¹⁵

Interstate sales are a separate ban under federal law. Under 21 CFR 1240.61, no one may deliver unpasteurized milk in final package form for direct human consumption into interstate commerce. The one carve-out is certain aged cheeses, including cheeses aged at least 60 days.⁶ An Illinois permit does not shield a producer who ships out of state.

Farms that hold current permits are listed on the IDPH website, which is the practical place to start if you want to buy from a legal source.¹

What a Permitted Farm Has Had to Do

Before selling a drop, a producer must obtain two permits from the IDPH: a raw dairy farm permit and a distribution point permit for the single on-farm location where milk is stored for sale. Only one distribution point is allowed per farm.⁵

The permitting process has six required steps:

Read and understand the rules at 77 Ill. Admin. Code 775.
Prepare the farm paperwork, including written recall procedures, product labels, receipt templates, consumer awareness handouts, and sales logs.
Submit the application to the IDPH.
Have someone on the farm earn a Raw Milk Sampler certification by passing a written exam and a practical test, with a $25 annual fee.
Pass an on-site inspection by an IDPH sanitarian covering sanitary conditions and written materials.
Pass quality count sampling before the permit issues.⁵

Any change of ownership or tenant on the dairy farm must be reported to the IDPH.¹

The Quality Standards Behind the Permit

A permit is not a one-time clearance. Every raw milk sample from the farm must meet all of the following:

Coliform of no more than 10 per milliliter
Bacteria count below 20,000 per milliliter
No drug residues
Somatic cell count no higher than 750,000 per milliliter for cow milk, or 1,000,000 per milliliter for goat milk
A farm water supply free of coliform bacteria⁴

Routine sampling runs at least four times in every six consecutive months, each sample collected by a certified Raw Milk Sampler and submitted to a certified laboratory. For every day the farm sells raw milk, one sample must be held back for at least 14 days, stored between 32°F and 40°F in a sanitary container of at least six ounces and labeled with the production date. That retained sample is what the IDPH tests if someone reports getting sick.⁵

Milk from an animal showing abnormal secretion from any udder must be milked last or with separate equipment and then discarded.¹

The on-farm storage point itself has to stay at or below 41°F, remain sanitary, and be protected from contamination. The IDPH inspects it at least every three months and can inspect the entire farm at any time, especially in response to a complaint or suspected foodborne illness.¹

Producers must also keep two logs available for the IDPH on request: a Sales/Transaction Log identifying who bought what and when, and a running Log of Total Gallons of Raw Milk Sold. Any standing distribution agreement with a regular customer must be kept on file as well.⁵¹ The transaction log is what the IDPH uses to trace a batch to its buyers during an illness investigation.

What You Should See at the Point of Sale

Illinois requires three separate consumer disclosures, and whether they are present is a quick test of whether the operation is actually compliant.

A Label or Product Receipt

You can bring your own container or use one provided by the farm. If the farm provides the container, the label goes on it; if you bring your own, the same information must appear on a product receipt. The required contents include:

Producer’s name, address, and permit number, plus the product date
“Not pasteurized” or “unpasteurized,” and “raw” before the product name
The quantity
The production date and the last date the milk may be offered for sale, which is within five days of production
The animal type, such as “cow raw milk” or “goat raw milk”
A warning that the product has not been pasteurized and may contain pathogens causing serious illness, especially in children, the elderly, pregnant women, and people with weakened immune systems
Instructions to contact the local health department with complaints or suspected foodborne illness⁴

A Point-of-Sale Placard

Every selling farm must post a visible placard at the point of sale reading: “Warning: Milk that is not pasteurized is sold or distributed here. This dairy farm is not inspected routinely by the Illinois Department of Public Health. Raw milk may contain pathogens that cause serious illness, especially in children, the elderly, women who are pregnant and persons with weakened immune systems.” The text must be in a legible font such as Arial, in black ink, with letters at least two inches tall.¹

A Consumer Awareness Handout

Each new buyer must receive a Department-approved handout explaining the risks of raw milk. The IDPH also posts the same information on its website.¹

Penalties for Selling Outside the Rules

Violations of the Act are criminal. Any violation is a Class A misdemeanor punishable by a fine of at least $100, and each day the violation continues counts as a separate offense. Charges can be brought by the State’s Attorney for the county where the violation occurred or by the Illinois Attorney General.² A Class A misdemeanor in Illinois can carry up to 364 days in jail.

The State’s Attorney or Attorney General can also seek a court injunction shutting the operation down. For adulterated milk containing drug residues, the IDPH can impose a penalty equivalent to a 48-hour suspension of milk shipment for a first offense, rising to 96 hours for a second or third.²

Permits themselves can be suspended under Section 775.60. Most suspensions require advance notice and a hearing, but the IDPH can issue a summary suspension first and hold the hearing afterward when public safety requires immediate action. Two suspensions within 12 months trigger an informal conference on corrective measures; if the problems are not fixed, the IDPH can move to formal administrative proceedings and permanent revocation.⁷

1
Legal Information Institute. Illinois Administrative Code Title 77 Section 775.55 – Raw Milk Permit
2
Justia Law. Illinois Code 410 ILCS 635 – Grade A Pasteurized Milk and Milk Products Act
3
Legal Information Institute. Illinois Administrative Code Title 77 Part 775 – Grade A Pasteurized Milk and Milk Products
4
Illinois General Assembly. Illinois Administrative Code 77 Part 775 – Grade A Pasteurized Milk and Milk Products
5
Illinois Department of Public Health. Instructions for Raw Dairy Farm Permit
6
eCFR. 21 CFR 1240.61 – Mandatory Pasteurization for All Milk and Milk Products in Final Package Form Intended for Direct Human Consumption
7
Illinois General Assembly. Illinois Administrative Code 77 Section 775.60 – Suspension of Permits